Due Process Jxd.
Three approaches to products liability/stream of commerce in minimum contacts
What is
1)McIntyre Ginsburg: Defendant meets minimum contact prong by simply placing product in the stream of commerce and product winds up in forum state
2) Asahi Brennan: defendant meets minimum contact prong by placing product in stream of commerce with the knowledge that it may (will likely) wind up in the forum state
3) Asahi O'Connor: Defendant must place the stream of commerce PLUS engage in some intentional conduct that indicates an intent and purpose to serve the market of the forum state (target)
Subject Matter Jurisdiction Sources
What is §1331 providing for federal question jurisdiction and §1332 providing for jurisdiction based on diversity of citizenship
How is venue determined under §1391(b)(1)-(2)
What is a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located or in a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred
The distinct prongs of analysis for Erie cases
What is where there is a federal rule on point, the proper analysis is the Rule EnablingAct and if there is no federal rule on point the Rules of Decision Act applies
Rule 12(b)(6)
What is a failure to state a claim upon which relief can be granted
How the citizenship of a corporation is determined
What is any state where it is incorporated and the state of its principal place of business
How to determine if complete diversity is met for individuals
What is Mas v. Perry; citizenship is defined as their domicile which is where they have physical presence with the intent to remain
In venue, this is how the residency of a business entity is established
What is where the defendant is subject to personal jurisdiction (if business is the defendant) or only where the plaintiff maintains its principal place of business (if business is the plaintiff)
The twin aims of Erie
What is discouragement of forum shopping and avoidance of the inequitable administration of the law
Prima facie elements of Negligence
What is 1) injury 2) duty 3) breach and 4) causation
Test to establish general jurisdiction for corporations
What is Goodyear: A court may exercise general jurisdiction over foreign corporations to hear any and all claims against them when their affiliations are so continuous and systematic as to render them essentially at home in the forum state
Amount in Controversy
What is an excess of $75,000
Which of these is a waivable defense?
1. Due Process Jurisdiction
2. Subject Matter Jurisdiction
3. Venue
What is venue
True or False: Choice of Law applies in both §1331 and §1332 jurisdiction
What is False.Choice of Law is only a question when dealing with §1332 jurisdiction
Interrogatories
What is a question seeking information (FRCP 33)
International Shoe Rule
What is due process requires only that in order to subject a defendant to a judgement in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that maintenance of the suit does not offend traditional notions of fair play and substantial justice
Federal Question Jurisdiction
What is a federal issue that is part of a well-pleaded complaint that is also a sufficiently central part of the dispute to justify jurisdiction
H, from AR (Eastern district) sues M, which is incorparated in TX and has principal place of business in MO. H went to M's office in the Western District of AR and was injured when tripping over a loose board in the floor. H sues in the Eastern District of AR. Is venue proper?
No. H should sue in the Western District of AR.
Test if a federal rule of civil procedure is on point
What is Sibbach. Does it really regulate procedure?
Elements of Larceny
What is the 1) trespassory 2) taking (caption) and 3) carrying away (asportation) of the 4) personal property of 5) another with the 6) intent to permanently deprive the possessor of the property (animus furandi)
Due Process Jurisdiction Based on Things (In Rem)
What is pure in rem, quasi in rem type I, quasi in rem type II.
Requirements for Supplemental Jurisdiction
What is the federal and nonfederal claim sharing a common nucleus of operative fact that are so related that a plaintiff would ordinarily be expect to try them all in one judicial proceeding
What is where it might have been brought (28 U.S.C. §1404(A)) or where it could have been brought (28 U.S.C. §1406(A))
Modified Outcome Determinative Test
What is The likelihood that applying federal law will affect the outcome of the case (twin aims of Erie test), the federal interest in applying its rule, the state interest in applying its rule
Summary Judgement is appropriate when . . .
What is when the parties may agree on the facts but have a dispute about the law or the parties disagree about the facts but there is no "genuine" dispute